2005 North Carolina Code - General Statutes § 74C-13. Armed security guard required to have firearm registration permit; security guard training.

§ 74C‑13.� Armed security guard required to have firearm registration permit; security guard training.

(a)������ It shall be unlawful for any person performing the duties of an armed security guard to carry a firearm in the performance of those duties without first having met the qualifications as set forth in this section and having been issued a firearm registration permit by the Board. For the purposes of this section, the following terms are defined:

(1)������ "Armed security guard" means an individual employed by a contract security company or a proprietary security organization whose principal duty is that of an armed security watchman; armed armored car service guard; armed alarm system company responder; private detective; or armed courier service guard who at any time wears, carries, or possesses a firearm in the performance of duty.

(2)������ "Contract security company" means any person, firm, association, or corporation engaging in a private protective services profession that provides services on a contractual basis for a fee or other valuable consideration to any other person, firm, association, or corporation.

(3)������ "Proprietary security organization" means any person, firm, association, or corporation or department thereof which employs security guards, alarm responders, armored car personnel, or couriers who are employed regularly and exclusively as an employee by an employer in connection with the business affairs of such employer.

(b)������ It shall be unlawful for any person, firm, association, or corporation and its agents and employees to employ an armed security guard and knowingly authorize or permit him to carry a firearm during the course of performing his duties as an armed security guard if the Board has not issued him a firearm registration permit under this section or if the person, firm, association, or corporation permits an armed security guard to carry a firearm during the course of performing his duties whose firearm registration permit has been suspended, revoked, or has otherwise expired:

(1)������ An armed security guard firearm registration permit grants authority to the armed security guard, while in the performance of his duties or traveling directly to and from work, to carry a standard .38 caliber or .32 caliber revolver or any other firearm approved by the Board and not otherwise prohibited by law. The use of any firearm not approved by the Board is prohibited.

(2)������ All firearms carried by authorized armed security guards in the performance of their duties shall be owned or leased by the employer. Personally owned firearms shall not be carried by an armed security guard in the performance of his duties.

(c)������ The applicant for an armed security guard firearm registration permit shall submit an application to the Board on a form provided by the Board.

(d)������ Each armed security guard firearm registration permit issued under this section shall be in the form of a pocket card designed by the Board and shall identify the contract security company or proprietary security organization by whom the holder of the firearm registration permit is employed. An armed security guard firearm registration permit expires one year after the date of its issuance and must be renewed annually unless the permit holder's employment terminates before the expiration of the permit.

(e)������ If the holder of an armed security guard firearm registration permit terminates his employment with the contract security company or proprietary security organization, the firearm registration permit expires and must be returned to the Board within 15 working days of the date of termination of the employee.

(f)������� A contract security company or proprietary security organization shall be allowed to employ an individual for 30 days as an armed security guard pending completion of the firearms training required by this Chapter, if the contract security company or proprietary security organization obtains prior approval from the Director. The Board and the Attorney General shall provide by rule the procedure by which a contract security company or a proprietary security organization applicant may be issued a temporary firearm registration permit by the Director of the Board pending a determination by the Board of whether to grant or deny an applicant a firearm registration permit.

(g)������ The Board may suspend, revoke, or deny an armed security guard firearm registration permit if the holder or applicant has been convicted of any crime involving moral turpitude or any crime involving the illegal use, carrying, or possession of a deadly weapon or for violation of this section or rules promulgated by the Board to implement this section. The Director may summarily suspend an armed security guard firearm registration permit pending resolution of charges involving the illegal use, carrying, or possession of a firearm lodged against the holder of the permit.

(h)������ The Board and the Attorney General shall establish a training program for armed security guards to be conducted by agencies and institutions approved by the Board and the Attorney General. The Board and the Attorney General may approve training programs conducted by a contract security company and the security department of a proprietary security organization, if the contract security company or security department of a proprietary security organization offers the courses listed in subdivision (1) of this subsection and if the instructors of the training program are certified trainers approved by the Board and the Attorney General:

(1)������ The basic training course approved by the Board and the Attorney General shall consist of a minimum of four hours of classroom training which shall include:

a.�������� Legal limitations on the use of hand guns and on the powers and authority of an armed security guard,

b.�������� Familiarity with this section,

c.�������� Range firing and procedure and hand gun safety and maintenance, and

d.�������� Any other topics of armed security guard training curriculum which the Board deems necessary.

(2)������ An applicant for an armed security guard firearm registration permit must fire a minimum qualifying score to be determined by the Board and the Attorney General on any approved target course approved by the Board and the Attorney General.

(3)������ An armed security guard must complete a refresher course and shall requalify on the prescribed target course prior to the renewal of his firearm registration permit.

(4)������ The Board and the Attorney General shall have the authority to promulgate all rules necessary to administer the provisions of this section concerning the training requirements of this section.

(i)������� The Board may not issue an armed security guard firearm registration permit to an applicant until the applicant's employer submits evidence satisfactory to the Board that the applicant:

(1)������ Has satisfactorily completed an approved training course.

(2)������ Meets all the qualifications established by this section and by the rules promulgated to implement this section.

(3)������ Is mentally and physically capable of handling a firearm within the guidelines set forth by the Board and the Attorney General.

(j)������� The Board and the Attorney General are authorized to prescribe reasonable rules to implement this section, including rules for periodic requalification with the firearm and for the maintenance of records relating to persons issued an armed security guard firearm registration permit by the Board.

(k)������ All fees collected pursuant to G.S. 74C‑9(e)(7) and (8) shall be expended, under the direction of the Board, for the purpose of defraying the expense of administering the firearms provisions of this Chapter.

(l)������� The Board and the Attorney General shall establish a training program for certified trainers to be conducted by agencies and institutions approved by the Board and the Attorney General. The Board or the Attorney General shall have the authority to promulgate all rules necessary to administer the provisions of this subsection.

(1)������ The Board and the Attorney General shall also establish renewal requirements for certified trainers.

(2)������ No certified trainer shall certify an armed security guard unless the armed security guard has successfully completed the training requirements set out above in subsection (h) of this section.

(m)����� The Board and the Attorney General shall establish a training program for unarmed security guards to be conducted by agencies and institutions approved by the Board and the Attorney General. The Board and the Attorney General shall have the authority to promulgate all rules necessary to administer the provisions of this subsection. (1979, c. 818, s. 2; 1983, c. 67, s. 3; 1989, c. 759, s. 11; 2001‑487, s. 64(h).)